COLUMBIA  LIBRARIES  OFFSITE 

AVERY  FINE  ARTS  RESTRICTED 


AR01492519 


N.  Y.  SUPREME  COURT. 


COUNTY  OF  KINGS. 


Albert    M.    Kalbfleisch  and 
Fkankliis  H.  Kalbfleisch 

against 

Charles  H.  Kalbfleisch. 

In  the  Matter 
of 

The  Receivership  of  William 
Brook  field. 


On  the  annexed  petition  and  affidavit,  and  on  all 
the  pleadings  and  proceedings  herein,  let  the  parties 
hereto,  and  let  Pascal  P.  Pratt,  as  trustee  under 
the  said  mortgage  mentioned  in  said  petition,  and 
let  such  creditors  as  the  receiver  may  see  fit  to 
serve  a  copy  of  this  petition  upon,  show  cause 
before  me,  at  a  Special  Term  of  the  Supreme  Court, 
to  be  held  at  the  Court  House  in  the  City  of  Brook- 
lyn, on  the  20th  day  of  October,  1886,  at  ten  o'clock 
in  the  forenoon,  or  as  soon  thereafter  as  counsel 
can  be  heard,  why  the  prayer  of  the  said  petition 
should  not  be  granted,  and  why  the  petitioner 


4  should  not  have  such  other  and  further  relief  as  to 
the  Court  may  seem  just. 

Let  service  upon  the  parties  hereto,  on  or  before 
the  16th  day  of  October,  1886,  be  sufficient,  and 
that  service  upon  the  said  Pascal  P.  Pratt  and  on 
the  said  creditors  may  be  made  at  any  time  before 
the  day  for  the  hearing  of  this  motion. 

Let  service  on  the  Buffalo  Chemical  Works  be 
made  by  mailing  a  copy  of  the  annexed  petition 
and  order. 

EDGAR  M.  CULLEN, 

5  J.  S.  C. 


Avery  Architectural  and  Fine  Arts  Library 
ii  Si  >  mi  ii  k  B.  I)i  rsi  Oi  d  York  Libr  \k> 


NEW  YORK  SUPREME  COURT, 
Couxty  of  Kings. 


7 


Albert    M.    Kalbfleisch  and 
Franklin  H.  Kalbfleisch 

against 

Charles  H.  Kalbfleisch. 

  - 

In  the  Matter 

of 

The  Receivership  of  William 
Brookfield. 


To  the  Supreme  Court  of  the  State  of  New  York : 

The  petition  of  William  Brookfield  respectfully 
shows  unto  the  Court,  and  alleges  : 

I.  — That  your  petitioner  was  duly  appointed 
receiver  of  the  firm  of  Martin  Kalbfleisch' s  Sons, 
under  and  in  pursuance  of  an  order  of  this  Court, 
made  on  the  26th  day  of  July,  1886,  and  entered  in 
the  office  of  the  Clerk  of  Kings  County  in  the  State 
of  New  York;  and  that  thereafter  your  petitioner 
duly  qualified,  and  has  ever  since  been  and  now  is 
acting  as  such  receiver. 

II.  — That  heretofore,  and  on  or  about  the  3d  day 
of  September,  1886,  the  plaintiffs  herein  presented 
their  petition  to  this  Court,  showing,  among  other 
things,  that  the  plaintiffs,  together  with  the  defend- 
ant, constituted  the  firm  of  Martin  Kalbfleisch' s 


4 


10  Sons,  and  that  your  petitioner  was  the  receiver 
duly  appointed  herein  of  the  said  firm. 

That  the  principal  part  of  the  property  of  said 
firm  consisted  of  shares  of  capital  stock  of  three 
manufactuiing  corporations,  one  of  which  said  com- 
panies was  the  Buffalo  Chemical  Works  of  the  City 
of  Buffalo,  which  said  shares  were  then  standing  in 
the  names  of  the  members  of  the  said  firm  of  Martin 
Kalbfieisch's  Sons,  but  in  point  of  fact  were  the  prop- 
erty of  the  said  firm,  and  that  your  petitioner  was 
entitled  to  the  immediate  possession  thereof. 

That  the  said  firm  had  been  transacting  business 
since  1872  in  the  said  City  of  Buffalo,  in  the  sale  of 

11  chemicals  manufactured  by  the  said  Buffalo  Chemi- 
cal Works.  That  said  works  was  a  corporation 
organized  under  the  laws  of  the  State  of  New  York, 
with  a  capital  of  three  hundred  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each. 
That  over  two  hundred  and  fifty  thousand  dollars 
of  the  capital  stock  was  owned  and  held  until  a  very 
short  time  prior  to  the  making  of  said  petition  by 
the  said  firm,  and  two  hundred  thousand  dollars 
thereof  was  then  held  in  pledge  by  your  petitioner 
for  a  loan  of  fifty-eight  thousand  dollars  made  by 
him,  and  that  forty-six  thousand  dollars  was  then 
held  in  pledge  by  the  Third  National  Bank  of  Buf- 

12  falo  for  a  loan  of  forty  thousand  dollars. 

That  your  petitioner  has  offered  to  consent  to  the 
execution  of  certain  mortgages  referred  to  in  said 
petition,  and  hereinafter  referred  to  in  so  far  as  he 
was  individually  a  creditor,  provided  the  consent  of 
of  the  Court  should  be  given  to  the  execution  of  the 
said  mortgages. 

That  five  thousand  dollars  of  the  capital  stock  of 
said  Chemical  Works  was  owned  by  Theodore  V. 
Fowler,  of  the  City  of  Buffalo,  who  also  consented 
to  the  execution  of  the  said  mortgages. 

That  the  plaintiff  Albert  M.  Kalbfleisch  held  and 
owned  five  thousand  six  hundred  dollars  worth  of 
the  said  capital  stock,  and  that  plaintiffs  and  de- 


5 


fendant  had  consented  to  the  execution  of  the  said  13 
mortgages. 

That  among  the  creditors  of  Martin  Kalbfleisch's 
Sons  at  Buffalo  were  various  banks,  all  of  which 
held  commercial  paper  endorsed  by  the  said  Buffalo 
Chemical  Works,  to  the  amoant  of  about  ninety- 
five  thousand  dollars,  and  in  addition  thereto  the 
said  banks  also  held  obligations  of  the  said  firm  of 
Martin  Kalbfleisch's  Sons  at  Buffalo,  to  the  extent 
of  about  twenty-nine  thousand  dollars,  which  said 
paper  had  gone  to  protest.  And  that  the  represen- 
tative of  the  various  creditors  at  Buffalo  of  Martin 
Kalbfleisch's  Sons  had  made  a  proposition  to  your 
petitioner  to  effect  a  settlement  with  the  said  Ann 
of  Martin  Kalbfleisch's  Sons  and  the  Buffalo  Chemi-  14 
cal  Works,  and  said  proposition  was  made  to  the 
said  firm  and  to  your  petitioner  as  such  receiver,  as 
follows : 

1st.  That  the  creditors  at  Buffalo  should  advance 
to  the  Buffalo  Chemical  Works  twenty-six  thousand 
dollars  to  enable  it  to  continue  business. 

2d.  That  mortgages  should  be  given  to  a  trustee 
for  the  creditors  in  Buffalo,  covering  the  property 
of  said  Chemical  Works,  to  secure  ninety  five  thou- 
sand dollars  on  outstanding  obligations  of  said 
works,  twenty-nine  thousand  dollars  obligations  on 
Martin  Kalbfleisch's  Sons,  and  to  further  secure  the 
twenty-six  thousand  dollars ;  the  said  proposed  ^ 
advance  to  enable  said  works  to  complete  its  plant 
then  being  made  and  to  furnish  the  necessary  capi- 
tal for  the  continuance  of  the  business  of  said 
works.  That  said  improvements  were  necessary  for 
the  proper  prosecution  of  the  business,  and  were 
then  far  advanced  towards  completion,  and  that 
about  twenty-five  hundred  dollars  would  be  required 
to  complete  the  same. 

III.— That  upon  presentation  of  said  petition  to 
the  Court,  and  on  or  about  the  said  third  day  of 


6 


16  September,  1886,  after  hearing  the  various  parties  in 
interest,  it  was  ordered  by  the  Court  that  the 
receiver,  your  petitioner,  was  thereby  authorized 
and  directed  to  consent  in  writing,  as  holder  of  the 
said  stock  of  the  said  Buffalo  Chemical  Works,  to 
the  mortgage  proposed  to  be  given  in  and  by  the 
said  plan  of  adjustment,  and  to  execute  and  deliver 
the  necessary  written  assent  required  by  the  statute 
for  that  purpose.  And  the  said  order  further  pro- 
vided that  the  injunction  granted  July  27th,  1886, 
be  so  far  modified  as  to  authorize  the  execution  of 
the  said  mortgage,  and  the  other  necessary  steps  to 
be  taken  to  effect  the  said  proposed  reorganization 
and  adjustment.   That  said  mortgage  was  made  and 

17  recorded  the  4th  day  of  September,  1886,  in  the  Erie 
County  Clerk's  office,  at  10.20  A.  M. 

IV.  — That  the  said  plan  of  reorganization  has  not 
been  carried  out,  and  has  not  been  completed,  but 
has  failed  to  be  carried  out  and  has  been  abandoned. 

V.  — That  since  the  making  of  the  said  order  the 
plaintiffs  and  the  defendant  hereto,  constituting  the 
said  firm  of  Martin  Kalbneisch's  Sons,  have  made  a 
general  assignment  for  the  benefit  of  their  creditors 
to  one  Hussan  Wheeler,  Esq.,  who  has  notified  your 
petitioner  of  his  said  appointment,  and  that  there- 
fore the  said  scheme  of  reorganization  and  adjust- 

18  ment  cannot  be  perfected  and  carried  out. 

Wherefore  your  petitioner  prays  the  instructions 
of  this  honorable  Court. 

WM.  BROOKFIELD, 

Receiver. 

» 

Alexander  &  Green, 

Attorneys  for  Petitioner, 
10  Wall  Street, 

New  York. 


7 


City  and  County  of  New  York,  ss. :  19 

William  Bkookfield,  being  duly  sworn,  says : 
That  he  is  the  petitioner  named  in  the  foregoing  peti- 
tion ;  that  he  has  read  the  same,  and  that  the  same 
is  true  of  his  own  knowledge,  except  as  to  the  mat- 
ters therein  stated  to  be  alleged  on  information  and 
belief,  and  that  as  to  those  matters  he  believes  it  to 
be  true. 

WM.  BROOKFIELD 
Sworn  to  before  me  this  13th  I 
day  of  October,  1886.  f 

Allan  McCulloh, 

Notary  Public, 

N.  Y.  County.  20 


NEW  YORK  SUPREME  COURT, 
County  of  Kings. 


Albert    M.    Kalbfleisch  and 
Franklin  H.  Kalbfleisch 

against 

Charles  H.  Kalbfleisch. 

In  the  Matter 
Qf 

The   Receivership   of  William 
Brookfield. 


21 


City  and  County  of  New  York,  ss. : 
Charles  B.  Alexander,  being  duly  sworn,  says: 
That  he  is  one  of  the  counsel  for  the  receiver 

herein. 

That  a  special  and  sufficient  reason  exists  for  a 
shorter  notice  than  the  regular  eight  days  notice  for 


8 


22  the  reason  that  the  receiver  should  know  what  is 
his  duty  as  to  every  of  the  matters  and  things  in- 
volved in  the  petition  herein. 

That  the  p resent  condition  of  the  action  is  that 
the  summons  and  complaint  has  been  served,  but 
that  there  is  no  answer  yet  served,  the  time  there- 
for having  been  extended.  That  this  cause  is  not 
at  issue,  that  it  is  not  yet  tried,  and  that  the  time 
appointed  for  holding  the  next  Circuit  where  the 
action  is  triable,  as  this  deponent  is  informed  and 
believes,  is  the  first  Monday  of  November  next  en- 
suing. 

23  That  no  application  has  been  made  to  any  other 
court  or  judge  for  the  order  hereby  applied  for. 
That  the  time  to  appeal  from  the  order  mentioned 
in  the  petition  has  not  expired. 

C.  B.  ALEXANDER 

Sworn  to  before  me  this  13th  ) 
day  of  October,  1886.  j 

Allan  McCulloh, 

Notary  Public, 

24  N.  Y.  County. 


